PROTECTION OF GEOGRAPHICAL INDICATIONS:

NATIONAL AND INTERNATIONAL PERSPECTIVE

V.K. Ahuja

I Introduction

G E OG R A P H ICAL INDICATION indicates that part ic u far goods

originate from a country, region or locality and has some special
characteristics. qualities or reputation, which are attributable to its place
of origin. These special characteristics, qualities or reputation may be
due to various factors, e.g. natural factors such as raw materials, soil,
regional climate, temperature. moisture etc; or the method of manufacture
oi preparation of the product such as traditional production methods; or
other human factors such as concentration of similar businesses in the
same region. specialization in the production or preparation of certain
products and the maintaining of certain quality standards ' The
connection between the goods and place becomes so famous that any
reference to the place reminds the goods being produced there and vice
rers n. For exaiiiple, the reference to District of Champagne, France
brings to iaaind the wine Champagne which is being produced there.
Geographical indications are valuable property to producers from
Jaa rticular geographical regions. They basically perform three functions:
Firstly. they identify goods as originating in a particular territory, or a
region or locality in that territory: secondly, they suggest to the
consumers that the goods come from an area where a given quality,
reputation or other c liaracteristic of the goods is essentially attributable
to their geogi apliic origin; and thirdly. they promote the goods of
producers of a particular area.
Although the geographical indications are as valuable as trademarks,
yet the functions of geographical indications are different front that of
the trademarks. Trademarks are owned by enterprises and used to identify
piodiicts and services in the market, in particular to distinguish them
front competing products and services whereas a geographical indication

* Lecturer, Faculty of Law. University of Del h i , Del h i

I Stirckha Vasishta and A mar Raj Lal I, Geographical I nd ications of Goods
(Registration and Protection) Act, 1999 in A K Koul and V K A h uja (cd ), The
1-c v of Intellectual Property Ri ght s In Prospect and Rett-osyect 248 (Delhi, 200 1 )

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never belongs to a particular enterprise. A geographical indication can

be used by several enterprises at the same time, provided that the products
for which it is used originate in the geographical area to which the
indication refers.
A few examples of the geographical indications are: Pilsen and
Budweis beers, Champagne, Porto, Sherry, Chianti, Cognac,
Scotch Whisky, Basmati for rice, Roquefort , Real California
cheese, Tuscany for olive oil, Vale dos Vinhedos for wines, Florida
Oranges, New Zealand Lamb, Indian Carpets, Swiss Watches,
Czech crystal Idaho for potatoes, Hereke for carpets, Havana for
tobacco.
Geographical indications have features that respond to the needs of
indigenous and local communities and farmers. Geographical indications
- (a) are based on collective traditions and a collective decision-making
process; (b) reward traditions while allowing for continued evolution;
(c) emphasize the relationship between human efforts, culture, land
resources and environment; and (d) are not freely transferable from one
owner to another.2 Geographical indications. therefore, reflect, inter
ri/ia. the traditions, culture, human efforts, resources, and environment
of particular regions.

II Meaning and definition of geographical indications

Two international treaties Paris Convention for the Protection of

Industrial Property, 1883 (hereinafter Paris Convention) and the Madrid
Agreement for the Repression of False Indications of Origin, 1891
(hereinafter Madrid Agreement) deal with indication of source d and
indication of origin4 respectively, whereas the Lisbon Agreement for
the Protect ion of Appellations of Origin and their International
Registration, 1958 (hereinafter Lisbon Agreement) deals with
appellations of origin. The TRIPs Agreement also uses the expression
geographical indications.

Indications of source/indications of origin

Neither Paris Convention nor Madrid Agreement , de fines

the expression indications of source or indications of
origin respectively.

2. Felix Addor and Alexandra Grazioli, Geographical Indications bcyond

Wines and Spirits: A Roadmap For a Better Protection for Geographical
Indications in the WTO/TR I Ps Agreement" 866 The Journal of Woi-Id Intellectual
Propert y 2002.
3. Paris Convention for the Protection of Industrial Property, 1 883, Art. 1 0 read with Art.
lI.
4. Madrid Agreement for the Repression of False Indication of Origin, 1 89 I , Art. 1 ( l ).

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